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(m)The Developer materially defaults on any of the Project Documents, and such <br /> default is not cured within applicable time periods; or <br /> (n) There is a change in the control in the ownership of the Developer which is not <br /> otherwise approved by DHA and the City, which approval shall not be <br /> unreasonably withheld. The Parties agree that the initial admission of limited <br /> partners in a mixed-finance rental transaction does not require the approval of <br /> DHA and the City. <br /> 8.2 Force Majeure. If Developer,DHA or the City is delayed in performing any of their <br /> respective covenants hereunder, including in regard to the Developer the completion of any <br /> Performance Milestone by the applicable Milestone Deadline,due to causes beyond the reasonable <br /> control and without misconduct, fault, or negligence of Developer,DHA or the City, as applicable <br /> (collectively referred to as a "Force Majeure Event"), then the time for performance under this <br /> Agreement shall be extended for a period of time corresponding to the period of delay due to such <br /> Force Majeure Event, with a reasonable adjustment to the time period initially applicable to such <br /> Parties' performance,including,but not limited to, any applicable Performance Milestone affected <br /> by the delay. Such causes,if beyond the reasonable control and without misconduct of Developer or <br /> the City shall include,without limitation(a)any negligence or misconduct of Developer,DHA or the <br /> City (as applicable); (b) any default hereunder by the Developer, DHA or City (as applicable) in <br /> regard to an obligation which is a condition precedent to any other Parties' ability to perform its <br /> respective obligations, including but not limited to any Performance Milestone in question; (c) <br /> strikes; (d) fires or other unavoidable casualties; (e) acts of God, or public enemy; (fl the action or <br /> inaction of any governmental entity other than , a governmental entity controlled solely by DHA <br /> and/or the City, and provided, such governmental entity is entitled to act or fail to act in regard to <br /> such matter,after II�DA has provided an allocation of Low Income Housing Tax Credits therefor,in <br /> either its sovereign or contractual capacity; (g) acts of any Contractor in the performance of a <br /> contract with DHA or the City; (h) unusually severe weather; (i) litigation other than litigation <br /> between DHA or City and Developer; (j)freight embargoes; (k)floods; (1)epidemics o�quarantine <br /> restrictions; or (m) war. If a Force Majeure Event shall occur, the Developer, DHA or the City <br /> (whichever is applicable) shall notify the other Parties in writing and use good faith efforts to <br /> mitigate losses resulting from such event. <br /> 8.3 Notice and Cure. Upon the occurrence of an Event of Default, the non-defaulting <br /> party shall notify the defaulting party in writing of such Event of Default and material adverse <br /> impact it has caused, whereupon the defaulting party shall have thirty(30) days from its receipt of <br /> such notice to cure such Event of Default; provided, however, that if the Event of Default is not <br /> reasonably capable of being cured within thirty(30)days,the defaulting party shall not be deemed to <br /> be in default of its obligations hereunder so long as it begins to cure such failure or violation within <br /> such thirty (30) day period and thereafter uses its best efforts to pursue and implement a cure. <br /> 8.4 Termination. If Developer shall fail to cure any Event of Default upon notice and <br /> within the time for cure provided for herein, DHA may, by written notice to Developer, and in <br /> consultation with the City terminate this Agreement and may pursue such other rights and remedies <br /> Decatur Housing Authority Near North Impact Area Development Agreement <br /> Page 35 <br />